After posting a video announcing that he and his wife are the subjects of a federal criminal investigation, California Governor Gavin Newsom had his office's Legal Affairs Secretary send a Freedom of Information Act request to the Department of Justice, demanding "all documents and records including... memoranda, emails, text messages, and Signal messages, from, to, or copying any member of the executive leadership of the U.S. Department of Justice" referencing himself or his wife "between January 20, 2025 and the present."
Yes, he's using taxpayer resources in his personal legal battle. That's not at all surprising.
My office is demanding the Trump Administration release any and all records on the Trump DOJ’s politically motivated, baseless fishing expedition.
— Governor Gavin Newsom (@CAgovernor) June 16, 2026
The American people deserve to know who ordered this abuse of power and how far it goes. pic.twitter.com/9zzT6DW1aX
It's also not surprising that Newsom's having his taxpayer-funded attorney make a baseless request. There are multiple exemptions that would almost certainly apply in this case, where, according to Newsom himself, there is an ongoing criminal investigation involving a grand jury, including Exemption 5 (Deliberative Process, Attorney Work Product, and Attorney-Client Privilege) and 7A (Interference with Enforcement Proceedings). In addition, any communications referencing possible confidential informants fall under a statutory exclusion, meaning that the DOJ isn't required to acknowledge that such communications even exist.
MORE: Gavin Newsom Says He's Under Investigation by DOJ; Sources Say It's Related to His Wife's Taxes
The only thing Newsom is attempting to accomplish here is reverse lawfare, or tying up DOJ resources in a "the process is the punishment"-style. Come after him, he's saying, but I'm going to make it as tedious as possible.
As usual, Newsom's love of transparency only goes one way. Back in March 2025, when Fox News' Los Angeles affiliate submitted a California Public Records Act request for "emails and text messages to and from LA County and LA City officials in the days leading up to and after the fires," they were told that his office "would not be providing those and that the governor's communications are exempt."
"We did ask Gov. Newsom for his emails and text messages to and from LA County and LA City officials in the days leading up to and after the fires. We were told they would not be providing those and that the governor's communications are exempt."
— Jennifer Van Laar (@jenvanlaar) March 13, 2025
No, they're not. Produce them! pic.twitter.com/x1fGsAQNsz
However, Newsom's email and text communications, whether from official devices/accounts or personal devices/accounts, are public records and are not exempt from disclosure.
California Government Code Section 7920.530 defines a public record:
(a) As used in this division, “public records” includes any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.
(b) “Public records” in the custody of, or maintained by, the Governor’s office means any writing prepared on or after January 6, 1975.
There are some exemptions, but Newsom isn't even following the law related to his denial of the CPRA request. The CPRA requires officials/agencies to clearly state which exemption applies to the records requested; the presumption is that all public records - including those that might be on private accounts or devices - are to be produced unless the agency/official can clearly articulate which exemption applies and why. Newsom doesn't even do that, but asks the DOJ to do so.
And, the California Constitution was amended in 2004 by the voters (Proposition 59) to add the "Sunshine" amendment, which adds this right to know as a foundational principle:
The people have the right of access to information concerning the conduct of the people’s business, and, therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny.
This isn't the first time Newsom's office has refused to provide records to the press. In fact, it would be news if Newsom's administration actually complied with a CPRA request. Usually, though, he just claims that the information requested could jeopardize his or his family's safety; for example, his office refused to produce records related to how much state funding went to pay for his security detail when he visited Montana when the state was on California's no-go list for state-funded travel because its policies were insufficiently woke. Then, when he knew he couldn't weasel out of the issue, he claimed that there was a public safety exemption to the no-go law.
Editor’s Note: Help us continue to report the truth about corrupt politicians like Gavin Newsom.
Join RedState VIP and use promo code FIGHT to receive 60% off your membership.
Join the conversation as a VIP Member